POLITICAL

Immigration law does not recognize same-sex couples

SAVE Dade is pleased to report on Out 4 Immigration for its significant role in fighting to end lesbian, gay, bisexual, transgender (LGBT) discrimination in U.S. immigration law. While it is illegal to be denied entry into the U.S. based on sexual orientation, immigration policies still harm gay and lesbian foreigners who seek citizenship through their American partners, a right not denied to heterosexuals. 

Currently, U.S. immigration law does not recognize same-sex binational couples (partners from different countries of origin), and, thus, prohibits a U.S. citizen to sponsor his or her foreign-born partner of the same sex. With the Defense of Marriage Act (DOMA) still in place, which defines marriage as between a man and a woman, even couples that have legally married in states that recognize gay marriage are not recognized by the U.S. Government for immigration purposes. Without the possibility of sponsorship, thousands of gay and lesbian immigrants are forced out of the country, leaving behind committed relationships and families. Because of this, an estimated 40,000 American citizens in same-sex binational relationships are discriminated against, many having to make the impossible choice of either being exiled from the country they love or separated from the person they love.

Out 4 Immigration has been unyielding in its efforts to pass the United American Families Act (UAFA), which would amend the Immigration and Nationality Act (INA) by adding the term "permanent partner" and "permanent partnership" in sections where "spouse" and "marriage" appear on the act. UAFA defines a “permanent partnership” as a committed, intimate and exclusive relationship between two adult individuals who are not blood relatives, who are financially interdependent of each other, and who are unable to have their relationship recognized as marriage under the INA. The United American Families Act was introduced in the House of Representatives by Congressman Jerrold Nadler (D-NY) and in the Senate by Sen. Patrick Leahy (D-VT) on Feb. 12, 2009. The Act currently has 102 cosponsors in the House of Representatives and 19 cosponsors in the Senate.

The United States lags behind 20 countries whose laws protect family unity by allowing their citizens to sponsor their same-sex partners. These countries include Andorra, Australia, Belgium, Brazil, Canada, Denmark, Finland, France, Germany, Iceland, Israel, the Netherlands, New Zealand, Norway, Portugal, South Africa, Spain, Sweden, Switzerland and the United Kingdom.

For more information on the United American Families Act and Out 4 Immigration, including their equally important fight to lift the HIV ban in U.S. immigration law, please visit their website at www.Out4Immigration.org